At a County Court held at Boston Octobr 28th 1673

    Present

    • Simon Bradstreet Esqr
    • Edwd Tyng
    • Wm Stoughton

    Grand jury the same wth the former Court.

    Iury of Tryalls Sworn

    • Lt Ri: Way
    • Jno Pincheon
    • Wm Read
    • Ino Richards
    • Samll Scarborough
    • Edw: Wilder
    • Ino Morss
    • Tho: Tolman
    • Wm Hearsy
    • Ioseph How
    • Alexa Marsh
    • Isaac Bullard
    • Ioseph Webb

    [Hoare v. Atkinson et al.]

    William Hoare plaint. against Theodor Atkinson senr & John More Defendts The plt withdrew his accion.

    [Carver v. Wright et al.]

    Robert Carver plaint, against Thomas Wright Robert Johnson & Manning & Phillip Watts Defendts according to Attachmt Dat. 7br 8th 1673 the plt withdrew his accion.

    [Peck v. Lawton et al.]

    Thomas Peck plaint. against Henry Lawton Ralph Fletcher & John Bonner or either of them Defendts in an accion of the case for breach of Charter party bearing date the 23th of August 1670 & deteining his quarter part of the Catch Recovery therein mentioned aboue twelve months after expiracion of sd Charter party being neere Fifty pounds in mony to the damage of the plaintiffe & all other due damages according to Attachmt Dat. Octobr 21th 1673. . . . The Iury . . . founde for the Defendte costs of Court: The plaint appealed from the Judgment of this Court to the next Court of Assistants, & the sd Thomas Peck principall in ten pounds & John Williams & Robt Carver as Sureties in five pounds apeice acknowledged themselves respectively bound to . . . prosecute his Appeal . . .

    [See note to Lawton’s Sentence, above, pp. 303–4.]

    Salter agst Davis

    Jabez Salter plaint. against Sammuell Davis Defendt according to Attachmt Dat. 8th Octobr 1673. The plaint. withdrew his accion.

    Sandys agst Mott

    John Sandys Attourny of Anne Manning sole Executrix of the Last will & testament of Richard Parker Late of Boston deceased plaint, against Nathanll Mott Defendt in an accion of debt of about Sixty five pounds due by booke & due damages according to Attachmt Dated Iuly 25th 1673. . . . The Iury . . . founde for the plaint. Sixty one pounds seven Shillings & costs of Court being 35s 10d

    Execucion issued for 63. 2. 10. Novr 6 1673. [163]

    Risco agst Miller

    Robert Risco plaint. against Thomas Miller Defendt in an accion of the case for unjustly attaching the brigantine called the good hope of Albemarle, whereof the sd Risco is Master, whereby hee is extreemely damnified & his Owners by severall Attachments Laide upon the aforesaide Brigantine called the good hope of the sd Albemarle as by Account shall appeare to the vallue of One hundred & fifty pounds & all due damages according to Attachmt Dat. August: 2: 1673. . . . the Iury . . . founde for the Defendt costs of Court being six Shillings & ten pence.

    Execucion issued for 6s 10d Novr 11 1673

    [See above, pp. 277–85, 288, 299.]

    Parker agst Corbyn

    Noah Parker Son of Iohn & lane Parker, plaint. agst Clement Corbin Defendt in an accion of the case for witholding three fourth parts of forty two acres or thereabouts of land, which doth belong to the sd Noah Parker himselfe & as hee is heire to his brother John Parker deceased, the sd Land being given to the abouenamed John & Noah as may appeare by a Deed of gift bearing date in the yeare 1646 & all other due damages according to Attachmt Dat: Septembr 13th 1673. . . . The Iury . . . founde for the Defendt costs of Court being ten Shillings & nine pence.

    Execucion issued for 10s 9d Novr 11 1673

    Long agst French

    Zechariah Long plaint. against Phillip French Defendt in an accion of debt of seven pounds in mony or thereabouts due for freight & charges of Eight bailes of Canvas & three hogs heads of Brandy & other disburstmts due for sd goods brought from Itochell upon the Accot of the sd French & delivered to the sd French at Boston as will more cleerely appeare by the Accot of the same being greatly to the damage of the plaintiffe & all other due damages according to Attachmt Dat. 7br 16th 1673. . . . The Iury . . . founde for the Defendt costs of Court.

    Bernard agst Cock

    Bertholmew Bernard plaint. agst Edward Cock Defendt in an accion of the case for the sd Cock his not paying of the Summe of twenty pounds currant mony of New England unto the sd Bernard due by his Engagement or specialty bearing date the twenty ninth day of Iuly 1673, under his hand & Seal forfited by the sd Cock his [164] Non performance of an award of Richard Collicot Humpr Hodges & Iohn Hayward bearing date the 22th of August 1673 relating unto the aforesaide Specialty with other due damages according to Attachmt Dat. Septembr 29th 1673. . . . The Iury . . . founde for the plaint. the Forfiture of the Engagemt being twenty pounds in mony damage & costs of Court. The Magistrates chancered this Engagemt to six pounds in mony & costs of Court being: 22s

    Holbrooke agst Mason

    Lt Iohn Holbrooke, assigne to the widow Gatliffe Executrix to the Last will of her late husband Thomas Gatliffe deceased plaint. agst Robert Mason Defendt The plaint. withdrew his accion

    Joy agst Adkins

    Anne Joy of Hingham widow plaint. agst Thomas Adkins of Boston Defendt according to Attachmt Dat: July: 26. 1673. The plaint. withdrew her Accion.

    Scottow agst Felton

    Lt Joshua Scottow plaint, against Benjamn Felton prison keeper of Salem Defendt in an accion of the case for releasing out of prison the body of Thomas Green late committed to the sd Felton his charge upon Execucion issued out from the County Court held at Boston the 25th day of the sixth month 1671 for the summe of eight pounds twelve Shillings & six pence paiable in Merchantable cod fish at twenty eight Rialls per quintall due upon bill about twenty yeares & all due damages according to Attachmt Dat. Septembr 5th 1673. . . . The Jury . . . founde for the plaint. eight pounds in Merchantable cod fish & costs of Court 28s 6d The magistrates respited this judgmt till the next Court of this County. Execucion issued 29: 2mo 1674:

    Hiskett agst Paine

    George Hiskett plaint. against Jno Paine Defendt in an accion of the case for not performing & makeing good his bargain concerning a peice of land which hee sold to the sd Hiskett, as appeares by Deed of Sale which land the sd Hiskett dwelleth upon, but a considerable part of ye sd Land being wanting, which the sd Paine hath oftentimes promised the sd Hiskett to make good his bargain & saith that hee hath land [165] adjoining to it to make good his bargain, but neglecteth to doe it to the plaintiffes great damage & all other due damages according to Attachmt Dat. Septembr 16th 1673. . . . The Jury . . . founde for the Defendt costs of Court.

    Bartholmew &a agst Ashton

    William Bartholmew & James Everill or either of them plaints against Henry Ashton Defendt in an accion of the case for that the sd Ashton is possessing himselfe of a house & ground neere the Water mill in Boston, wch sd house & ground is bound over for security to the plaints to save them harmeless from a bond given in to the County Treasuror of Suffolke, by order of Court from Rebecca Greene while a widow for her true administracion upon the Estate sometime of her husband Greene deceased, out of which Estate was ordered to her Childe Rebecca Greene, by the Court two hundred pounds; the loss or taking away of which abouesd security is to the plaintiffes damage One hundred & twenty pounds in mony & other due damages according to Attachmt Dat. July 30th 1673. . . The Jury founde for the Defendts costs of Court.

    [A copy of the warrant is in S. F. 1239.]

    Leverett agst Hudson

    Hudson Leverett plaint. agst Capt William Hudson Defendt according to Attachmt Dat: Octobr 23. 1673 The plaint, withdrew his accion.

    Russell agst Hudson

    Capt Thomas Russell plaint. agst Capt William Hudson Defendt in an accion of debt for the non paiment of twelve pounds five Shillings in mony due by bill bearing date the twenty fifth day of may 1673 with due interest & all other due damages according to Attachmt Dat. Octobr 23 1673. . . . The Jury . . . founde for the plaint. twelve pounds five Shillings in mony according to bill & costs of Court being twenty five Shillings & two pence.

    Execucion issued Novr 12: 1673.

    Hudson agst Leverett

    Capt William Hudson plaint. agst Hudson Leverett Defendt according to Attachmt Dat. Octobr 23th 1673. The plaint. withdrew his Accion. [166]

    Brackenbury agst Welch

    John Brackenbury Attourny to Job Brown, the Sonn of Heugh Brown of Boston plaint. against Thomas Welch of Charlestown sometime guardian to Job Brown Defendt in an accion of the case for witholding a debt of thirty eight pounds or thereabouts being for part of houseing & Land in Boston which was the proper Estate of Job Brown & Sold by his then guardian unto Sammuel Ward of Boston & refuseing to pay the sd Summe to the sd Attourny although Lawfully demanded & also for witholding other goods or household stufte left by his Father or the Courts ordr with all approved damages according to Attachmt Dat. Octobr 20th 1673: . . . The Jury . . . founde for the Defendt costs of Court.

    Pincheon agst Collecott

    John Pincheon plaint. agst Richard Collicot Defendt in an accion of debt for not paying a debt of eleven pounds seven Shillings & two pence due by bill assigned him by his Father Major John Pincheon of Springfeild bearing date ye twenty fourth day of Octobr 1670 as thereby may amply appeare in all respects reference thereto being had with due damages for non paiment & all other due damages according to Attachmt Dat. Octobr 17th 1673. . . . The Jury . . . founde for the plaint. Eleven pounds seven Shillings & two pence in specie according to bill & costs of Court. The Defendt appealed from the judgmt of this Court to the next Court of Assistants, & the sd Ri: Collicot as principall in two & twenty pounds & Humphry Hodges & Ino Williams as Sureties in Eleven pounds apeice acknowledged themselves respectively bound to . . . prosecute his Appeale . . .

    [This case grew out of a journey to Springfield twenty-seven years before. Richard Collicott’s side of the case is related in S. F. 1275.6, and again in his Reasons of Appeal (S. F. 1275.3):

    To the Honored Court of Assistants Assembled Jn Boston Richard Collecocts Resons of Appeale From the County Courtt Held Att Boston Jn October Last past Wherin John Pinchon Assigne To Major Pinchon Esqr Was Plantiffe

    Impre: The Appellantt Desires to Jnforme this Honord Courtt and Jury of ye true state of yt Case That in ye yeare 1646 hauing Ocasion to Ride to Conecticott mr Atherton of Dorchester (After Major Genrll) hauing A Daughter Liuing Att Sprinckfeild wth one mr Moxon who was then preacher there Desired the Appellant to Bring ye Majore Daughter With him, & ye Appellant hauing Discourse With mr William Pinchon, he tendered to sell him A horse to Cary the young Woman Down to ye Bay, & Accordingly wee Agreed & when J Came to Dorchester hauing noe Ocasion for yt horse J sold the said Horse to Mathew Barnes then Miller of Brain[tr]e & he was to pay for ye sd Horse to mr [blotted] Dauis of Boston according to my Agrement With mr Pinchon & J Cleare in my Consisance yt Mathew Barnes Did make payt for said Horse to sd Dauis. Both Jn time & specie, For these Reasons Following:

    1st He the said Barnes Was Looked vpon as A man of A good estate & a [torn] Looked vpon as A puncktuall man in his payments.

    2. J proue by two of his men yt wrought wth him About that time that he Called them to help Loade his Cartt wth A good quantity of wheat & other Corn & told them he was to Cary that Wheat to Boston to pay for ye horse then in ye Cart bought of ye Appellt wt was ye horse in Controursy & to Deliur ye said wheat to ye sd Dauis of Boston vpon ye Appellte Accont & this ye sd Barnes spoke voluntarily to those yt were no way Conserned in ye Case & Doubtless he both Brought it to Boston & deliuered it Accordingly, And Doubtless J had vnder his hand for soe Doeing & had A Receibt for it but haue Lost all.

    3dly. J was Att Sprinckfeild & Lodged at sd mr Pinchens house & Lodged there after ye payment was due & none Was Demanded of me & J spake with sd mr Pinchon when he was Jn Boston Bound for England & he neur then Demanded any Sattisfaction from me & J Lived After in Boston: 16: or 17. yeares [&] in New England. 40. odd yeares & neur out of ye County & Major pinchon hath ben here in Boston [   ] yeares & neur Demanded any pay from me till the yeare 1668. or 69 wch was 23. yeares or more After J bought the horse, But had it ben Demanded when Mathew Barnes was Liuing who Liued in Boston After J Came here to Liue & [then] Jn ye Bay & had an Estate in Boston, But said Pinchon neur Demand the Debt of me till ye said Barnes Was gone out of ye Country & Dead & had it ben Demanded while ye sd Barnes was here if he had not paid it J Cold haue had my Remedy Against him, & As for ye Bill on [torn] J was Sued at ye County Court by mr Pinchon one J was Cast J Desire ye Honord Court & Jury to Consider how it Can be Legall yt J Cold be Cast on this Accont for Major Pinchon Sued me first vpon his formr Bill & had An Execution Against me for it & this Bill J gaue Vpon Condition J did not proue payment by Such a time so yt ye first Execution stands still out Against mee, & now If J should be againe Cast by this Honord Court mr Pinchon Wold haue two Executions Against me for one & the same Debt. Which J hope the Honord Court & Jury will seriously Consider Legallyty off:

    4: I doe this Certify To ye Honord Courtt that J neur Receiued The Pay From Mathew Barnes for the Horse [torn] nor any other by me or my ordr but ordered it to bee paid to Capt [torn] vpon Said Major Pinchons Accont and To this J Can Take my Oath. . . .

    Richard Callecott

    These Reasons were received Febry: 25th 1673

    Per Jsa Addington Cler

    Collicott’s agreement, dated Oct. 24, 1670, to pay the original judgment of 11l 7s 2d obtained by Pynchon at the Springfield court, follows (S. F. 1275.4):

    Whereas Capt Iohn Pynchon of Springfeild hath obteined a judgment agst mee Richard Collicot; at the last County Court in Springfeild & taken out Execution against mee to the Summe of eleven pounds seven Shillings two pence: Vpon his the sd. Pynchons forbearing the Serving the Execucion: I doe hereby Engage & promise to pay the sd Summe of eleven pounds seven Shillings & two pence by the last day of Aprill next, unless I shall make it appeare to the sd. Pynchons satisfaction that I have already paide the Summe which was due upon a bill to mr Wm Pynchon of Springfeild Dated in Iuly. 1646 which is the ground of the Judgment aforesd Jn case of not clearing the paiment of the bill aforesd J doe by these pursents binde mee my heires Executors & Administraters firmply to pay the aforementioned Summe of eleven pounds seven Shillings two pence in good Merchantable & well conditioned wheat at the price of four Shillings per bushell or else in mony to bee dlrd & paide at Capt Davis his house in Boston by the last day of Aprill next which wilbee Anno 1671. to mr John Pynchon or his Assignes. Jn Witness whereof J have hereunto set my hand this 24th day of Octobr Ano Dom. 1670. the words (or else in mony) was interlined before Subscribing.

    Richard Collecott

    Witness.

    Wm Davis

    Benja Davis.

    Owned in Court by mr Richard Collicot 29. 8. 73 Attests Jsa Addington Cler

    . . . true Coppie . . . Jsa Addington Cler

    Endorsed. Springfeild. Aprill. 21th 1671.

    Mr Rich: Colicott. Sr I desire yow to pay to my Sonn Iohn the mony due to mee from yor selfe being. 11li 7s 2d in wheat at. 4s per bush. which you [torn] Engaged to pay to my Assigne in Boston, by the last day o[f th]is present Aprill: Now I doe hereby Assigne my sonn Joh[n P]ynchon the bearer hereof to receiv[e] it of you: J pray faile not [to] pay it to him at time. & hee will dlr yow up yor bill. J subscribe.

    Yor lo: Freind

    John Pynchon

    Witness to this Assignement.

    Elizue Holyoke

    Joseph Whiting

    This Assignement was acknowledged by Major John Pinchon to bee his act this 22th Seper 73. before mee

    Simon Bradstreet Assist

    . . . true Coppie . . . Jsa Addington Cler

    Collicott’s appeal was allowed, but the jury of the higher court confirmed the former judgment and imposed costs on Collicott. Records of Court of Assistants, i. 8.]

    Clarke agst Harris

    Thomas Clarke Esqr plaint, agst John Harris of Charlestown Defendt in an accion of debt of twelue pounds due by bill & due damages according to Attachmt Dat. August 30. 1673. . . . The Jury . . . founde for the plaint, twelve pounds in mony according to bill & costs of Court being twenty six shillings two pence

    Execucion issued Novr 12, 1673. [167]

    Thayre agst Rose

    Richard Thayre plaint, agst Roger Rose Defendt in an accion of the case for not performing his Engagement or Covenant about the building a vessell at Brantery which will appeare by Evidence, which proved about two hundred & odde pounds to the damage of the plaint. & all other due damages according to Attachmt Dat Octobr 10th 1673. . . . The Jury . . . founde for the Defendt costs of Court. The plaint, appealed from the judgment of this Court to the next Court of Assistants & the sd Richard Thayre as principall in five pounds & Nathanll Thayre & Ino Williams as Sureties in fifty Shillings apeice acknowledged themselves respectiuely bound to . . . prosecute his appeale. . . .

    [Thayer’s Reasons of Appeal (S. P. 1342.2) explain this case. Rose’s “Answer to the Pretended Reasons” (S. F. 1342.3) incidentally reveals the existence of a “pleasure boate” in 1672. The records include a copy of the writ of attachment, and a deposition of “Edmund Quinsey aged about 43 Yeares” on 29 October 1673.

    Richard Thayre Resons of Appeale From the County Courtt Held Att Boston October the 28th 1673 Against Roger Rose Defendt: To the Honord Courtt of Assistants:

    Jmprs: Whereas yr Appellantt Did Att the County Courtt Sue the Defendt For Nott prforming his Couenantt and Agreementt Made And Agreed vpon Aboutt the Building A vessell Att Braintre which the Appellt hath sufficiently made Appeare by severall Evidences For First the Appellant hath Proued A Couenant made wth ye Appellant and others About the building A Ketch Att Braintre And mony paid by the Deft As Owner of sd vessell To the Workemen for there Worke, and Also that the Defendt sett them A Worke As by the Testimonies of John Downing no 1. Appeareth And that he Also paid the Workemen For the Worke Done in part vpon the vessell:

    2dly The Appellantt proues that the Defendt himselfe Owned that he had A vessell Abuilding Att Braintre As by the Testimony of William Pen And Edward Linfford And Left Quinsey and Vining And Holebrooke Whoe Doe All Testify that he Did Owne he had A vessell A building Att Braintre, And that the Appellantt had A Partt With him, And the Defendt paid and Disbursed Mony vpo her. Till he thoughtt he had Ketched the plantifp Sufficiently into A snare yt he Could not Well gitt outt, And that he thought he Should Come by Damage by his neglect Jn not supplying them With what he had Jngaged According to Contractt And soe Left the Appellant Jn the Lurch, he hauing an Estate and being att Braintre and being out of purse both for ye Defendts partt and his Aboue 200l besides the Damage Done to his Estate being Forsed to sell some of his Land to pay the Defendts Debts

    3dly The Appellantt Hath proued that the Contract betwene them and the Carpinters Was by him the Defendantt Ordered to bee made and the Directions by him giuen to ye scriuener and he ordered himselfe to be owner wth ye Appellant And the mony Paid by ye Defendt to the Scriuener for making ye Couenantt Which Js sufficiently proued by the Scriueners Oath & others. & the Couenant Jtt selfe sheweth it & his seale Affixed therevnto, but the Neglect of signing of it in Time he Refused to signe, and soe Left yor poor Appellant in the Lurch, and forses him to Cary own the Designe himselfe: There is Also the protest of ye Carpinters. Against the Defendt as owner of ye vessell and the Carpinters All along Doe Call him Owner of ye one halfe of said vessell & knew no other as there protest Manifesteth. And Also ye Judgt of ye Commissionrs Court when he sued ye Carpinters for mony he paid them they Justly Cast him finding him An owner & what they Recd it was as he was Owner of said vessell, Which J hope this Honord Court & Jury will See: And Considr of.

    4: The Damage the Appellant Susteined By the Defendt the plantiffe hath proued sufficiently to be Aboue 238l for first there is: 40l Jn Timber sold ye Carpintrs, & 2d 41l paid the Carpinters for there Worke 3dly there is Jron Worke & Rigin &ct. pd mr Kemball & others as by ye Award 44l 10: 10: besides my own partt: 4. There is 76l 11s pd mr Parsons by Execution, and besides ye Charges hath cost 36l 11s 3d by ye Carpinters all through the Deceibtfullness of ye Defendt in his Actions Besides, other Disbursements, and Cannot Dispose of ye Ketch because of ye Deft Soe that Jn all the Appellant Js Damnifyed Aboue 238 which is Sufficienttly proued Which The Appellant hopes Will be Considered by this Honord Courtt and Jury That soe he may haue some Releife. Weying the Euidences J hope that J haue sufficiently proued first The Defendt to be an Owner And that he ordered the Carying Along of the Affaires of ye said vessell, & hath Done the Appellt, his Neighbor a great deale of wrong Contrary to ye Law of God and man; And Also The Appellt hath proued yt the Defendt by his meanes hath Wronged plantiffe, & Damnified him in his Estate Aboue 238l Which yor poor Appellant shall Leaue to ye Honord Court And Gentle men of ye Jury to Considr hoping they will see Just Cause to Releiue him therein.

    Richard Thayer

    These Reasons were received Febry 26th 1673

    Per Jsa Addington Cler

    Roger Rose his Answer to the prtended Reasons of Appeale Jn the Case depending between him and Richard Thaire Appealant

    Jmpre Jn answer to his first Reason—,

    Jt is not denied but that there was a treaty wth ye Appealant about the Building of a vessell at Braintry & writings might bee drawne in order thereunto: but when ye Defendt had pervsed sd writings & better considered therevpon, hee refused to signe & seale them For the defendt was informed by the Appealant, That mr Simon Linds would carry on a part of sd vessell; wch, when the defendt spoke wch him about hee wholly refused to doe: & did asmuch discourage ye defendt And whereas ye Appealt saith that hee had sufficiently proved the Couenant wth the defendt The defendt Conceiues yt if hee had soe done hee had not needed to haue appealed to this Court as nowe hee doth And it is a knowne principall in Lawe That noe man can bee cast vpon a treaty of a Couenantt: For a Couenant vntill it bee vnder hand & seale Signifies nothing And as for wt the defendt did Disburse or lend vnto the Appealtt Jt was for or vpon building of an open vessell to carry wood & not vpon a Deckt vessell or Katch wch the sd Appealt was pleasd to build for a pleasure-Boate for himselfe.

    2ly Jt’s possible the Defendt might say yt hee had a vessell in building at Brantry: But hee neuer Jntended any other then an open Boate as aforesd to Supply his owne occasions, which hee neuer sawe or heard was yet built: And the defendt is not yet vnwilling to beare a part of such a vessell when shee is built, provided it may bee on termes as shee may be worth in reason.

    3ly Whereas the Appealant is pleased to insist much vpon the Couenant vpon wch hee builds soe much nowe,: Hee hath not proved yt the Defendt Either Signed or Sealed any Couenant And whereas hee hints the Scrivenrs oath: For Answer. Jt is fit the Scrivenor should bee paid though ye parties agreed not And the affixing of wax to a paper, The Defendt conceiues doth not oblige any further then witnesses prove that they sawe the persons signing and Sealing affix the same wch Neither the Scrivenr or any person else did or can testify in this case.

    4ly Whereas the Appealant pleads & pretends proofe of great damage by the defendts not performing a Blanck or Supposed Covent to the value of 238l Though the Appealant hath sould all all The defendt hath had noe part first or last in principall or produce of sd vessell Either before or since shee was built And the plancke timber Jronworke &c hath all been in the Appealants hands wch hee hath disposed of at his owne pleasure wthout the Councell or Advice of the Defendt or any Account giuen him of his proceedings from first to last Neither could the Appealant bee damnified to any such value as hee pretends: The defendt declaring his disowning his proceeding in partnership before the Appealant had disburst anything considerable vpon building sd vessell.

    5ly As to the Katch which the Appealant prtends the defendt had an Jnterest in: Jt will bee easily proved if the Appealant deny it That hee Sould one halfe of her to Willm Parsons of Boston and reced satisfacion for it (as the hond Gournor & others who were Arbitrators between them can testify) And the Appealant likewise denied at the same time & before sd Arbitrators that the defendt had neyther part or interest in the sd vessell: Soe that (if it could bee proved as it neuer yet was) The defendt could haue noe part in the vessell pretended to bee built by his order. There being noe vessell yet built according to the first Jntentions or Dimensions.

    Soe hoping and not Doubting but that this honrd Court & Jury will see and Consider the Righteousnes & equity of the Case leave it their wise Determination thereof And shall Remaine

    Yor humble Servtt

    Boston 3d Feb: 74

    Roger Rose

    The appeal was allowed to the Court of Assistants, where the jury “found for the Deffendant Costs of Court,” 34s. Records of Court of Assistants, i. 5.]

    Parker agst Pearse

    Noah Parker plaint. agst Sammuell Pearse Defendt according to Attachmt Dat. Septembr 16th 1673. The plt withdrew his accion & the Court granted the Defendt Fourteen Shillings two pence costs

    Execucion issued 11 9br 1673

    Oxenbridge &a agst Hayden

    John Oxenbridge James Allen & Anthony Stoddard Execrs to the Last will & Testamt of Richard Bellingham Esquire deceased plaints against Ebenezer Hayden Defendt in an accion of debt for five yeeres rent due for a Shop hee held of the sd Bellingham with all other due damages according to Attachmt Dat. Iuly 25th 1673. . . the Iury . . . founde for the Defendt costs of Court.

    Phillips agst Hawthorn

    Zachariah Phillips plaint, agst John Hawthorn Defendt according to Attachmt Dat 24 7mo 1673. The plaint. upon non appearance was non Suited.

    Yeale agst Shoare

    Timothy Yeales plaint. agst Ionathan Shoare Defendt in an accion of debt upon the forfiture of a bill of ten pounds for non paiment of a debt of five pounds in mony as appeares by the sd bill & due damages according to Attachmt dat. Octobr 22th 1673 . . . the Iury . . . founde for the plaint, five pounds in mony & costs of Court, the Defendt appealed from the judgment of this Court to the next Court of Assistants. [168] And the sd Ionathan Shoare as principall in ten pounds & Sampson Shoare senr & Iohn Hawthorn as Sureties in five pounds apeice acknowledged themselves respectively bound to . . . prosecute his appeale . . .

    [S. F. 1278

    Jonathan Shoare his resons of Apeale from the County Court in boston, the last October, vnto the Court of Assistance next, in the cause between himselfe and Timothy Yeale, are as followeth—

    1: The bill of fiue pounds that the said Timothy sued for is made upon noe Consideration, and soe not sueable in the comon law, according as Information is giuen by the law or custom of the practis in England, and Indeed it is true, for Ther was noe consideration that the said bill was made upon which is the secound reson: namlye: if it was not made in consideration as in the secound reson—

    2: That this said bill was obtained in a clandestin waye by flatterye &c: for the said Timothy hath a Couenant of the said Shoar for forty od pounds, to doe a parcell of work, in finishing of the frame of a house, now the said Shoare did euer vnderstand that this bill notwithstanding soe obtained as abouesaid; was a part of this Couenant of forty od pounds about the said frame, but in the aforsaid County Court in boston in open Court, when it was said by the defendant Shoare; then: that this bill was part of the forty od pounds in the aforsaid Couenant, the said Timothy denyed, that this bill was noe part of the said forty od pounds, now the said Shoare had noe other dealings with the said Timothy and denying this to he any part of the aforsaid Coupnant nor can the said Timothy say for any other cause or consideration that this said bill is forr and that the said Shoare is condemable by the Common law for the whole Couenant, notwithstanding,: soe that the said Timothy obtaineing this bill (for the end aforsaid as the said Shoare at first thought, and the said Timothy denying of it, the said Shoare is therby deceiued of his equall & Just right, and the said Timothy hath tow obligations for one thing which the said Shoare humbly relyeth vpon this Honored Court for theire serious consideration off: this 24 of February 1673:

    Jonathan Shore

    These Reasons were received February 26th 1673

    Per Jsa Addington Cler

    When the action of the appeal was called at the Court of Assistants, both parties appearing “and owning that they were agreed,” the case was dismissed. Records of Court of Assistants, i. 9.]

    Hudson agst Atherton

    Capt William Hudson plaint. agst the goods or Estate which formerly belonged to Major genll Humphry Atherton deceased now in the hands of the admrs to the sd goods or Estate Defendt according to Attachmt Dat Iuly 23th 1673 by continuance from the Last County Court. The plaint, upon non appearance was Non suited.

    Hudson agst Davenport

    Capt William Hudson plaint. agst the goods debts or Estate which formerly belonged to Capt Richard Davenport deceased now in the hands of the admre to the sd Estate Defendt according to Attachmt Dat. May 28th 1673 by continuance from the Last County Court. The plaint, upon non appearance was non Suited.

    Richards Find 13s 4d

    William Richards of Weymouth not appearing to Serve on the Grand jury according to Summons was fined thirteen Shillings & four pence in mony to the County.

    Benson Find 5s

    Iohn Benson of Hull not appearing to Serve on the Jury of tryalls according to Summons was Find ten Shillings in mony to the County. hee afterwards appearing & making his plea the Court remittd five Shillings of his Fine.

    Harding Find 10s & remitted

    Iohn Harding of Meadfeilde not appearing to Serve as aboue was Fined ten Shillings in mony to the County. vpon his peticion the Court remitted his Fine.

    Dyven to Clarke Esqr

    John Dyven of Hammersmith neere Lynn personally appeared in Court & acknowledged a judgmt agst himselfe & Estate to Major Thomas Clarke Esqr for Fifteen pounds twelve Shillings in mony. as Attests Isaac Addington Cler.

    Execution issued Febr 13o 1678

    Kent to Wensley

    William Kent personally appeared in Court & acknowledged a judgment against himselfe & Estate to Iohn Winsley Merchant for Sixteen pounds Eleven Shillings & sixpence according to bill in mony. as Attests Isaac Addington Cler.

    Taylor to Kent

    Caleb Taylor personally appeared in Court & acknowledged a judgment against himselfe & Estate for Sixteen pounds eleven Shillings & six pence in mony [169] unto William Kent as Attests Isaac Addington Cler.

    Execucion issued 8br 31 1673

    Norman to Woodmansey

    Thomas Norman personally appeared in Court & acknowledged a Judgment against himselfe & Estate unto Iohn Woodmansey for ten pounds according to an Award of Arbitracion. as Attests Isaac Addington Cler.

    Execucion issued Xbr 8 1673

    Turnor to Shaw

    Increase Turnor personally appeared in Court & acknowledged a judgment against himselfe & Estate unto Ioseph Shaw for thirty pounds in mony. as Attests Isaac Addington Cler.

    Bowles dischargd from treyning

    Iohn Bowles senr of Roxberry upon his peticion to this Court was discharged from Ordinary Treynings.

    Grand jury discharged

    The Grand jury brought in theire bill of presentments Octobr 29th 1673 & were discharged.

    Penniman purged by Oath

    Iames Penniman being accused & bound over to this Court to Answer for his selling strong Liquors to an Indian named Thomas Boson; purged himselfe by his Oath according to Law.

    Tolman Find 2s 6d

    Thomas Tolman one of the Iury of tryalls not attending the Service of the Court when called for was Find twenty Shillings in mony to the County, afterwards appearing & making his excuse The Court remitted his fine to two Shillings & six pence

    Gilford presentd

    Paul Gilford being presented by the Grand jury for bruitish & uncivill carriages & noe Evidence appearing against him was discharged.

    Thaxter &a Find & remitted

    Ensigne Iohn Thaxter Thomas Sayer Danll Howard & Ieremiah Beales Iunr all of Hingham being legally Summoned to give in Evidence to a presentmt against Paul Gilford & not appearing upon due calling were fined ten Shillings apeice in mony to the County. afterward appearing & making theire excuse The Court remitted theire Fines.

    Belcher bound over to ye next County Court

    Iohn Belcher of Brantery being bound to the good behavior by the last County Court untill this Court & then appearing & desiring proclamacion to bee made for his discharge; It was Objected hee had broken his bond vpon which the Court Ordered him to give bond to appeare at the next County Court to Answer it & Ordered a Summons to bee issued out for Christopher Webb & Ino Hayden then to appeare to give in Evidence against him accordingly the sd Ino Belcher as principall in ten pounds & Gregory Belcher & Ioseph Belcher as Sureties in 5li apeice acknowledged themselves respectiuely bound to the Treasuror of ye County of Suffolke on condicion that sd Ino Belcher should then appeare & abide the Ordr of ye Court. [170]

    Hearst Sworn a Freeman

    William Hearsy of Hingham tooke the Oath of Freedom of this Colony.

    Lincoln Find 6s

    Sammuell Lincoln of Hingham being presented by the Grand jury for receiving goods that were stoln from him contrary unto Law, of which hee was convict by his own confession in Court: The Court Sentencd him to pay six Shillings in mony as a fine to the County & Fees of Court with charge of prosecution standing committed untill the Sentence been performed.

    Ino Cooke Find 4li ½ rebated

    Ino Cooke of Mendon bound over to this Court to answer for his assailing & wounding Sammuell Holbrooke upon the highway of which hee was convict in Court. The Court Sentencd him to bee whipt with fifeteen Stripes or to pay four pounds in mony as a fine to the County wth charge of prosecution & Fees of Court standing committed untill the Sentence bee performed. Vpon the peticion of his Father Walter Cooke The Court remitted halfe the fine imposed on his Son Iohn.

    Cooke Find 4li ½ rebated

    Sammuell Cooke bound over & convict as aboue: The Court Sentenced him to bee whip’t with fifeteen Stripes or to pay four pounds in mony as a fine to the County wth charge of prosecution & fees of Court standing committed untill the Sentence bee performed Vpon the peticion of his Father Walter Cooke The Court remitted halfe the Fine imposed on his Son Sammuell.

    Wampus admonisht

    Anne Wampus bound over to this Court to Answer for abuseing & strikeing of her husband The Court vpon giving of her an admonition Ordered her to pay Fees of Court & soe discharged her.

    Dudly Find 10s

    Francis Dudly bound over to this Court to Answer for his Fighting & quarrelling with Ioseph Knight of which hee was convict in Court The Court Sentenced him to pay ten Shillings in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performed.

    Knight Find 10s

    Ioseph Knight bound over to this Court to Answer for his fighting & quarrelling with Francis Dudly of wch hee was convict in Court The Court Sentencd him to pay ten Shillings in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performed. Ioseph Knight Appealed from the Sentence of this Court to the next Court of Assistants & gave bond to prosecute his Appeale to Effect.

    Graves Find 10s

    Benjamin Graves bound over to this Court to Answer for his fighting & quarrelling with Ioseph Knight of which hee was convict in Court. The Court Sentencd [171] him to pay ten Shillings in mony as a fine to the County & Fees of Court standing committed untill the Sentence bee performd

    Read Sworn a Freeman

    Sammuell Read of Mendum tooke the Oath of Freedom of this Iurisdiction.

    Sarah Scot

    Vpon due proclamacion made Sarah Scot was discharged from her bonds of good behavior

    Iames Harris

    Vpon Like proclamacion made, Iames Harris was discharged from his bonds of good behavior

    Eliza Salter

    Vpon Like proclamacion made Elizabeth the wife of Iabesh Salter was discharged from her bonds of good behavior

    Mehetable Salter & Mary Wheeler

    Vpon Like proclamacion made Mehetable Salter & Mary Wheeler were discharged from theire bonds of good behavior

    Ioyes presentmt Owned

    Thomas Ioy being presented for digging through the highway which Lieth against the sd Ioyes dwelling house in Boston, whereby its made dangerous for man & beast The Court Orders that the sd Ioy doe well & suffitiently repaire the sd way to the approbacion of Major Thomas Clarke Esqr Capt Thomas Lake & mr Jno Richards within fourteen dayes next following upon penalty of twenty pounds to bee forfited to the Treasuror of this County & to pay Fees of Court.

    Milton presentmt

    The Town of Milton being presented for neglecting theire duty in making a suffitient highway comming down the hill neere the Indian gate; as also for neglecting to mend the way through Robert Vosses Farme: The Court Orders that the Town of Milton repaire both the sd highwaies wthin Fourteen dayes next following upon the penalty of five pounds to bee forfited by the sd Town to the Treasuror of this County & to pay Fees of Court.

    Henchers discharge

    Vpon due proclamacion made Daniell Hencher was discharged of his bonds of good behavior

    Silvesters discharge

    Richard Silvester was also on due proclamacion dischargd from his bonds of good behavior

    Silvestr Senta

    Dinah Silvester bound over to this Court to Answer for her committing of Fornicacion & haveing a bastard Childe not being in a marriage state; which Shee Owned in Court, chargeing Ionathan Badcock to bee the Father thereof & sd hee had fellowship with her but once & that it was in Octobr 1672. The Court Sentenced her to bee whip’t severely with twenty Stripes immediately after the next Lecture in Boston, & then to bee sent home to Milton & there to bee severely whip’t with twenty Stripes by the Constable of the Town or some other person whome hee may procure in presence of [172] the Select men or some of them, to bee done within one month after her first whipping & to pay Fees of Court standing committed untill the Sentence bee performed.

    Lorin Find 40s

    Iohn Lorin bound over to this Court to Answer for his misdemeanor in riding upon his Cart & driving his Cart upon or against the wife of Iohn Iones of Charlestown, whereby She received hurt of which hee was convict in Court. The Court Sentencd the sd Lorin to pay Forty Shillings in mony as a fine to the County & Fees of Court & Leaue the party wronged to her due course in Law; as also the Select men of Boston to prosecute him for breach of Town Ordr

    Dare Find 3li

    William Dare bound over to this Court to Answer for his wounding of Edward Gregory in the Shoulder by discharging a fowling peece Loaden with small Shot against him which hee Owned in Court; but it appearing to bee but accidentall & the person wounded being since recovered: The Court Sentencd the sd Dare to pay three pounds in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee performed; Leaving the party wronged to his due course in Law against him

    Davis whipt

    Stephen Davis bound over to this Court to Answer for his committing Fornicacion with Sarah Francis; which hee Owned in Court: The Court Sentencd him to bee whip’t with twenty Stripes & to pay Fees of Court standing committd untill the Sentence bee performed.

    Tho: Williams Find 10s

    Thomas Williams bound over to this Court to Answer for his giveing mony to Iohn Billington in Order to the rescuing of Mary Forrest out of the Prison in Boston which hee Owned in Court: The Court Sentencd him to pay ten Shillings in mony as a Fine to the County and Fees of Court Standing committd untill the Sentence bee performed.

    Billington Find 10s

    Iohn Billington bound over to this Court to Answer for his attempting & Endeavouring the Escape of Mary Forrest a prisonr out of the prison in Boston; which hee confessed in Court: The Court Sentencd the sd Billington to pay ten Shillings in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee performd

    Robinsons Guardn

    Mary Robinson appeared in Court Novr 3, 1673 & made choise of mr Ioseph Rock to bee her guardian which hee accepted & the Court allowed of.

    Pollee Senta

    Ioseph Pollee convict in Court of stealing severall parcells of Linnen from mr Iohn Saffin mr Tho Kellond, Mary Hawkins & Ruth Marshall: The Court Sentencd him to bee [173] severely whip’t with twenty Stripes & to pay unto mr Iohn Saffin Eighteen pounds three Shillings & four pence to mr Tho: Kellond ten pounds & four Shillings, to Mary Hawkins & Ruth Marshall four pounds being that threefold restitucion that the Law requires, the sd Saffin Kellond Hawkins and Marshall to pay charges of prosecution & Fees of Court and prizon, hee sd Pollee standing committed untill the Sentence bee performed.

    Hoppins Senta

    Stephen Hoppin convict in Court of stealing several parcells of Linnen from mr Iohn Saffine mr Thomas Kellond, Mary Hawkins & Ruth Marshall The Court Sentencd him to bee severely whip’t with twenty Stripes & to pay unto mr John Saffin Eighteen pounds three Shillings & four pence to mr Tho: Kellond ten pounds four Shillings to Mary Hawkins & Ruth Marshall four pounds; being that threefold restitution that the Law requires, the sd Saffin Kellond Hawkins & Marshall to pay charges of prosecution Fees of Court & prizon, he sd Hoppin standing committed untill the Sentence bee performed.

    Grinings Senta

    Anthony Grining convict in Court of stealing severall parcells of Linnen from mr Iohn Saffine mr Thomas Kellond Mary Hawkins & Ruth Marshall: The Court Sentencd him to bee severely whip’t with twenty Stripes & to pay unto mr John Saffin Eighteen pounds three Shillings & four pence to mr Tho: Kellond ten pounds four Shillings, to Mary Hawkins & Ruth Marshall four pounds; being that threefold restitution that the Law requires, the sd Saffin Kellond Hawkins & Marshall to pay charges of prosecution Fees of Court & prizon hee sd Grining standing committed untill the Sentence bee performed.

    Hannah Hoppin whip’t

    Hannah Hoppin convict in Court by her own confession of receiving severall of the stoln goods abouesd of her Son & others, which were founde in her custody & Shee flying upon it: The Court Sentencd her to bee severely whip’t wth Fifteen Stripes & to pay charge of prosecution & Fees of Court & prizon Standing committed untill the Sentence bee performed.

    Hencher Find 10s

    Daniell Hencher of Milton presented for Swearing hee Owned the presentment in Court: The Court Sentencd him to pay ten Shillings in mony as a Fine to the County with charge of prosecution & Fees of Court standing committed untill the Sentence bee performed.

    Duey’s Senta

    William Duey a portugeez convict by his own confession in Court of stealing severall wearing apparrell from mr Iohn Sharpe, as also from Jacob Milborn [174] for whome sd Sharpe is Attourny) valued at three pounds & from Augustin Williams five pounds Sixteen Shillings The Court Sentencd the sd Duey to bee whip’t with twenty Stripes & to return to mr John Sharpe his goods againe & to pay him sd Sharpe six pounds: & to return unto Augustin Williams his mony againe & what goods hee hath bought with any part thereof & to pay him the sd Williams or his Attourny the Summe of twelve pounds twelve Shillings, being that threefold restitution that the Law requires; sd Duey to bee Sold for the Satisfaction of the same & the mony to bee devided between the parties according to proporcion they paying charges of prosecucion & Fees of Court, hee standing committed untill the Sentence bee performed

    Davis Find 40s

    Sammuell Davis bound over to this Court to Answer for his Selling strong beere to the Indians in the Common on the 9th of Iune Last, which hee Owned in Court: The Court Sentencd him to pay Forty Shillings in mony as a fine to the County & Fees of Court, standing committed untill the Sentence bee performed.

    Shoare Find 20s & 15s thereof remitted

    Ionathan Shoare bound over to this Court to Answer for his selling or delivering strong beere to an Indian in the Common on the 9th of Iune Last: denied that hee either Sold or delivered any strong beere to an Indian: but Owned that hee sold strong beere in the Common on the sd day: The Court Sentenced him to pay twenty Shillings in mony as a Fine to the County & Fees of Court standing committed untili the Sentence bee performd vpon his humble peticion The Court remitted Fifteen Shillings of the sd Fine.

    Gross Fined 20s

    Ellinor Gross bound over to this Court to Answer for her receiving of stoln goods which were found in her custody Owned in Court that those things were founde with her & Shee bought them of Benjamin Gold; which things were vallued at twenty Shillings & delivered to Good wife Gold from whome they were stoln: The Court Sentencd sd Gross to bee set in the Stocks for one hour & to bee whip’t with ten Stripes or to pay twenty Shillings in mony as a fine to the County & Fees of Court standing committed untili the Sentence bee performed.

    King Find 40s

    Abigail King bound over to this Court to Answer for her being taken abroad at an unseasonable time of the night by the watch, at which time Shee was in drinck & entertaining mens Servants & others at the [175] same time at her house a drincking of which Shee was convict in Court: The Court Sentencd her to pay Forty Shillings in mony as a Fine to the County & Fees of Court standing committed untili the Sentence bee performed.

    Smiths Sentn

    Ioseph Smith bound over to this Court to Answer for his being founde by the watch in the house of Abigail King in Boston amongst others at an unseasonable time of the night, where they had been drincking, of which hee was convict in Court: The Court haveing considered of his offence herein & his night walking Sentencd him to bee sent to the house of correction or to pay twenty Shillings in mony as a fine to the County & Fees of Court Standing committed untill the Sentence bee performed: Ioseph Smith appealed to the next Court of Assistants & the sd Smith as principall in ten pounds & Richard Brookes & Wm Gilbert as Sureties in five pounds apeice acknowledged themselves respectively bound to . . . prosecute his appeale . . . & that in the meane time hee should bee of good behavior

    Stasey Find 20s

    Iohn Stasey bound over to this Court to Answer for his being founde by the watch in the house of Abigail King in Boston amongst others at an unseasonable time of the night, where they had been drincking of which hee was convict in Court The Court Sentencd him for his night walking & other disordrs to bee sent to the house of correction or to pay twenty Shillings in mony as a Fine to the County & Fees of Court standing committed untill the Sentt bee performd

    Eggerton Find 40s

    Peter Eggerton bound over to this Court to Answer for his abuseing Capt Iohn Wiborn & instigating others with himselfe to assaile & beate the sd Wiborn of which hee was convict in Court The Court Sentencd him to pay three pounds in mony as a Fine to the County with charge of prosecution & Fees of Court & to give in bond wth Sureties of Forty pounds for the good behavior till the next Court of this County standing committed untill the Sentence bee performed Vpon his humble peticion the Court afterwards remitted twenty Shillings of his Fine: And the sd Eggerton as principal in twenty pounds & John Morss & John Buttolph as Sureties in 10li apeice acknowledged themselves respectiuely bound to the Treasuror of the County of Suffolke on condicion that the sd Eggerton should bee of good behavior till the next Court of this County & then appeare [176]

    Peggy Find 20s

    Edward Peggy bound over to this Court to answer for his assailing & beating Capt Iohn Wiborn of which hee was convict in Court The Court Sentencd him to pay twenty Shillings in mony as a Fine to the County with charges of prosecution & Fees of Court & to give in bond wth Sureties of Forty pounds for his good behavior till the next Court of this County standing committed untill the Sentence bee performed & accordingly the sd Peggy as principall in twenty pounds & Roger Dubledee & Henry Dedicot as Sureties in ten pounds apeice acknowledged themselves bound to the Treasuror of the County of Suffolke on condicion the sd Edward Peggy shalbee of good behavior till the next Court of this County & then appeare if in the Country.

    Smith Find 40s

    Ioseph Smith bound over to this Court to Answer as abouesd The Court Sentencd him to pay Forty Shillings in mony as a Fine to the County with charge of prosecution & Fees of Court & to give in bond wth Sureties of Forty pounds for his good behavior till the next Court of this County standing committed untill the Sentence bee performed & the sd Joseph Smith as principall in twenty pounds & Joseph Webb & Peter Goulding as Sureties in ten pounds apeice acknowledged themselves respectiuely bound to the Treasurer of the County of Suffolke on condicion the sd Smith should bee of good behavior untill the next Court of this County & then appeare.

    Salmon discharged

    Clemont Salmon bound over to this Court to Answer for his abuseing of the watch in Boston, it not being proved against him hee was discharged

    Hickson Find 40s

    Walter Hickson bound over to this Court to Answer for his railing & scurrilous Language & Swearing of all which hee was convict in Court The Court Sentencd him to bee whip’t with fifeteen Stripes or to pay Forty Shillings in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee performd

    Bedwell Find 40s

    Mary Bedwell bound over to this Court to Answer for her railing & scurrilous Language & bad Speeches of which Shee was convict in Court The Court Sentencd her to bee whip’t with fifteen Stripes or to pay Forty Shillings in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee performed [177]

    Marsh Senta

    Iohn Marsh bound over to this Court to answer for his concealing or conveying away severall hides of Leather being seized by the Sealers of Leather in Boston in his custody & hee promising to Secure them for the Sealers, all which hee owned in Court, onely sd the Owner of the hides fetcht them away: The Court Sentencd him to return the same hides soe seized unto the sd Sealers of Leather or in default thereof to pay them six pounds in mony & Fees of Court.

    Alice Thomas respited

    Alice Thomas being presented by the grand jury & summond to attend this Court to Answer the same, Shee being called answer was made Shee was soe Lame as disinabled her for comming; vpon which the Court respites the presentmt till the next Court of this County.

    Gillian Knite respited

    Gillian the wife of Richard Knite being also presented by the grand jury & called to answer the same, answer was made Shee was very sick in bed, upon which the Court respited her presentment till the next Court of this County

    Wing Find 5li

    Ioseph Wing & Iohanna his wife being both bound over to this Court, to answer for theire committing of Fornication before marriage, of which they were convict by theire own confession in Court The Court Sentencd them both to bee whip’t, the sd Ioseph with twenty Stripes & Iohanna with ten, or to pay five pounds in mony as a Fine to the County with Fees of Court standing committed untill the Sentence bee performed.

    Halls Senta

    William Hall convict by his own confession in Court of stealing severall goods out of the house of William Long in Boston belonging to the sd Long & others (for whome hee is Attourny) to the vallue of six pounds; The Court Sentencd the sd Hall to bee severely whipped with twenty stripes & to return to William Long the goods stoln againe as also to pay the sd Long in behalfe of himselfe & the rest concerned the Summe of twelue pounds, being that threefold restitution that the Law requires hee the sd Long paying thereout ye charge of prosecution & Fees of Court sd Hall standing committed untill the Sentence bee performed.

    Vring admonisht

    William Vring being committed for being confederate with William Hall in stealing goods out of the house of William Long, hee haveing absented himselfe wch gaue matter of suspicion thereof, but the Fact not being proved The Court Sentencd him to bee admonished & to pay Fees of Court & prizon standing committed untill the Sentence bee performed. [178]

    Leaders Senta

    Thomas Leader convict in Court for stealing mony & other things from Sarah Phippeny to the vallue of eight shillings & four pence breaking open her box in the house of his master William English in Boston on the Sabbath day The Court Sentenced him to bee whip’t with fifteen stripes & to pay unto Sarah Phippeny five & twenty Shillings in mony being that threefold restitution that the Law requires & to pay Fees of Court standing committed untill the Sentence bee performed.

    Doily dischargd

    Iohn Doily of Brantery being presented for selling Liquors & Sider to the Indians The presentmt not being proved hee was discharged.

    Mary Plum presentd

    Mary Plum the daughter of Iohn Plum, being presentd for haveing a Childe it not appearing Shee was ever married & a Summons goeing out for her appearance at the Court to answer for the same, The Constable made return hee could not finde her.

    Hudson Leveretts Fine remitted

    In Answer to the petition of Hudson Leverett The Court was pleased to remit the Fine of one hundred pounds to the County, imposed on him by the last Court of this County.

    Holts bond Forfited

    Thomas Holt, not appearing upon due calling to Answer according to his bond, both his & his Sureties bond was declared forfited.

    Wilmots bond Forfited

    Nicholas Wilmot not appearing upon due calling to Answer accarding to his bond Dated 27 8mo 1673. The Court declared his bond forfited.

    Bradly’s bond Forfited

    Richard Bradley not appearing upon due calling to answer according to his bond Dated 27 8mo 1673. The Court declared his bond forfited.

    The Court adjourned to Novembr 6th 1673. at nine a clock in the Morning. [179]

    Novembr 6th 1673

    The Court met according to Adjournment

    Present 1673

    • Ino Leverett Esqr Go:
    • Simon Bradstreet Esqr
    • Wm Stoughton Esqr
    • Edw: Tyng Esqr
    • Thos Clarke Esqr

    Golds bond remitted upon paimt of 40s

    In answer to the petition of Mary Gold, The Court (upon the sd Mary her paying of Forty Shillings in mony to the Treasuror of the County of Suffolke) remitted the forfiture of a bond of five pounds declared against her Son Benjamin Gold & her Son in Law Sammuell Greenwood at the last Court of this County.

    Smith Find 5li

    Christopher Smith bound over to this Court to answer for his selling of brandy & strong beere without Licence which hee Owned in Court. The Court Sentencd him to pay five pounds in mony as a Fine to the County & Fees of Court standing committed untill the Sentence bee performd

    Court Order abt Birds

    Whereas there is a motion made to this Court by Thomas Bird of Dorchester for the division of the Estate of his Late mother, wherein hee & his bretheren cannot agree among themselves: The Court Orders & appoints that Thomas Iohn & lames Bird appeare before this Court this day Seven night after Lecture upon theire adjourment to give theire severall reasons & pleas upon that Account & hereof not to faile Dated in Boston this 6th of 9br 1673.

    Court Order to mr Gibbs

    The Court Orders that mr Benjamin Gibbs attend this Court upon theire adjournment on thursday next to answer a complaint exhibited against him by Henry Ashton.

    Court Order for Bradish

    The Court Orders that Capt Thomas Savage & mr Peter Bracket who haue rendred an Account to this Court of the Estate of the Late widow Bradish deceased, which is in theire hands by vertue of an order of Generall Court) doe forthwith pay thereout unto Iohn Bradish her sonn three pounds & Fourteen Shillings being for Funerall charges according to his Account given into this Court.

    The Court Adjourned to Thursday the 13th of Novembr at nine a clock in the morning. [180]

    Novembr 13th 1673

    The Court met according to Adjournment.

    Present

    • Simon Bradstreet
    • Ino Leverett Esqr Gor
    • Edw: Tyng
    • Wm Stoughton
    • Tho: Clarke

    Court Ordr abt Bradishes Estate

    Vpon the motion of Iohn Bradish one of the administrators to the Estate belonging to his Late mother Vasthi Bradish deceased; The Court Orders that Capt Thomas Savage & mr Peter Bracket deliver the Estate of the sd Vasthi Bradishes in theire hands (according to theire Account delivered into Court) unto the Administrators to the sd Estate, they giving them a discharge for the same & being accountable to the Court of this County wn called to it,

    Freemen Sworn

    Mr Peter Lidget mr Sammuell Shrimpton & mr Eliakim Hutchinson tooke the Oath of Freedom of this Colony.

    Court Ordr upon mr Rocks Accot

    This Court having perused the Account given into Court upon Oath by mr Ioseph Rock 31th of Ianuary 1672 concerning the late Estate of mr Iohn & mrs Martha Coggan deceased & what that Estate stands charged with by him; as also the Objections made against that Account & his Answer thereunto: The Court on due consideracion of the same doe take off & rebate the Summe of Seventy eight pounds fifteen Shillings from mr Rocks charge of debt made against the sd Estate in that Account which Summe of Seventy eight pounds fifteen shillings being added to two hundred Sixty nine pounds eighteen shillings four pence; which hee makes to bee the ballance of that Account as soe much due from him to that Estate, makes up the Summe of three hundred Forty eight pounds thirteen shillings & four pence The Court Orders & appoints mr Ioseph Rock to pay in mony or such pay as is equivalent thereunto unto the Guardians of the Children of the late mr Thomas Robbinson; as also to pay to the sd guardians what rent or other incomes are due to that Estate since his Account made up, which hee hath received, in the same specie hee received it; & mr Rock fulfilling this Order is discharged from his administration.

    [This Order is “explained” at a later session of 1674, p. 437, below.]

    Division of Birds Estate

    Upon the motion of Thomas Bird to this Court for a dividend of the Estate left by his late mother Anne Bird of Dorchester Widow deceased (who dyed intestate) [181] between her three onely Children, being all Sonns: The Court haveing given the other two Sonns oppertunity to present what they could in reference to theire interest in or claime to sd Estate & haveing heard & considered what was presented in the case Doe Order that the sd Estate bee devided into two equall parts, the sd Thomas Bird being the eldest Sonn to have the one part thereof & the other part to bee equally devided between the two younger bretheren.

    Division of Increase Athertons Estate

    Upon the motion of the Children of Major Genll Humphry Atherton to this Court concerning a dividend of the Estate of theire late brother Increase Atherton deceased The Court Orders that all just debts & necessary charges being first paide & discharged, the sd Estate bee equally devided amongst the Surviving Children of the sd Major Atherton.

    Court Order abt Bernards Admrs

    The Court Orders & appoints that the Administrators to the Estate of the late Sammuell Bernard deceased as also mr Iohn Hayward & ye sd mr Bernards daughter attend the next Court of this County to give in an Account of saide Estate

    Court Ordr abt Milton highway respited

    The Court respites the Order upon the return of the Committee about a highway in Milton passed the last County Court & Order that notice bee given to the persons concerned therein & also to the sd Committee to attend the next Court of this County.

    mr Gibbs bond

    Mr Benjamin Gibbs as principall in one hundred pounds & Wm Dawes & Richard Knight as Sureties in Fifty pounds apeice acknowledged themselves respectiuely bound in Court to the Treasuror of the County of Suffolke on condicion that hee the sd Benjamin Gibbs should personally appeare at the next Court of this County to answer the charge exhibited against him at this Court by mr Henry Ashton & that hee should abide the Order of the Court therein: And Lt Richard Way as Attourny to sd Ashton obliged himselfe in open Court then to appeare & prosecute the sd charge.

    [In connection with the Ketch Recovery cases.]

    Court Order abt Holdbrookes Estate

    In Answer to the petition of Miriam Holdbrooke Widow The Court Orders that the sd Widow haue the bed Shee lyeth on & the Furniture belonging to it & Forty Shillings out of the Estate of her late husband Daniell Holdbrooke deceased in movables & that Deacon Parcke & mr Thomas Weld bee a Committee to set out the rest of that Estate to the Creditors according [182] to proporcion between this & the next Court of this County & then to make a return of what they doe therein.

    Court Order abt Manaticot Bridge

    The Court Orders the Select men of Brantery forthwith to build a Substantiall horsebridge over Manaticot River in the way from Brantery to Weymouth by the next Court of this County upon the penalty of ten pounds & then to bring in theire Account of charge & the Court will consider thereof whether it bee to bee born by the Town or the County.

    Court Ordr abt Silvestrs charge

    The Court Orders & appoints that the Select men of Milton pay unto William Salter the summe of seven & Forty Shillings for charges about Dinah Silvester during her imprisonment Lying in there & providing cloathing for her Childe, unless they can finde an Estate of hers to Satisfy it.

    Peck &a agt Page vid: p. 146

    Thomas Peck & Iohn Heyman or either of them plaints agt Iohn Page Defendt in an accion of the case for breaking his Engagement of One hundred pounds by exchange of a peece of mony sterling in that the sd Page hath not performed an Award under the hand of Leiftenant Richard Cooke & Iohn Williams bearing date the 23 day of Iuly 1672 & other due damages according to Attachmt Dat. May 15th 1673. This Accion was tryed the last County Court but judgment not Entred till this Court according to Law the Defendant being out of this Iurisdiction: . . . The Iury . . . founde for the plaint. one hundred pounds according to bond & costs of Court.

    This Court dissolved Novembr 13th 1673

    Present Simon Bradstreet Edward Tyng and Tho: Clarke Esqrs Ianuary 20th [email protected]

    Atkinson to Penn

    Theoder Atkinson junr personally appeared & acknowledged a judgment against himselfe & Estate for Fifty nine pounds in mony (due to the Estate of the Late Elder lames Penn) to the Widow & present Executrix of the last will of sd Penn. as Attests Jsa Addington

    Cler

    £:59:0:0: mony

    mr Antho Stoddard personally appeared Novr 19:1674 & acknowledged that hee had recd full Satisfaction of this Iudgmt in behalfe of mrs Penn as Attests Jsa Addington Cler [183]